BY SAM ALFAN.

Aron Asiba Matendechere who shot into fame for his “Ntakufinya” phrase has sued three corporates for using his image and buzzword without his consent.

Asiba further wants the court to stop Co-operative bank from using his identity, image, likeness and persona in their commercials with immediate effect.

“A conservatory order do issue to stop the respondent either by themselves, assigns, agents, representatives from using petitioner’s identity, image/likeness and persona in their commercials with immediate effect pending the hearing and determination of this petition”, he urges.

In the petition, Asiba wants the court to also order the bank to pull down various commercials posted in various social spaces with immediate effect.

He says in the petition that on July 5 and July 22 this year 2021 the bank posted on Facebook and Instagram respectively, a recreated image of his, both bearing username – Co-op Bank Kenya.

Asiba says the post was published with the intention to attract wide readership and boost its sales.

The post was titled “banker akiona loan defaulter akikula kuku tao” under the hashtag #weareyou and bore his recreated image, likeness and persona.

“On a reasonable man’s view, it is clear that the actions of the respondent as highlighted above are an utter infringement on the fundamental freedoms and rights of the Applicant. It is settled that for one’s image, likeness or persona to appear on such advertisement the Applicant should have consented”, he adds.

He argues that the bank should have sought his consent before using his image to advertise their products and boost sales.

He further says he should have been sufficiently paid by bank to enable him waive his privacy and dignity at the expense of the lender’s commercial gain and it is his position before the eyes of the society and that he has been contracted or on salary to offer modelling services.

BY SAM ALFAN.

The owners of PrideInn hotel have now sued Director of Public Prosecution Noordin Haji and Directorate of Criminal Investigations seeking compensation of Sh100 million over unlawful charges and violation of their rights.

Mohamed Shabbir Kassam Nooran and his son Mohamed Hasnain Shabbir and PrideInn hotel wants the court to direct the government to pay them Sh100 million damages over violation of their fundamental rights.

They also want the court to issue permanent injunction restraining DCI and DPP from commencing any fresh investigations, harassing, arresting and prosecuting them with respect to the dispute between them and the landlord BrookShill Crescent Investment ltd, which is pending before the High Court.

Father and son also want the high court to quash the charges brought against them of theft and malicious damage to property.

“An order of prohibition do issue restraining Directorate of Criminal Investigations and Director of Public Prosecution from further arresting and preferring any charged against 2rd petitioner as preferred against 1st petitioner in MCCR No. E923 of 2021 or any other charges on the same facts arising from the complaint BrookShill Crescent Investment ltd vs PrideInn Hotel & Investment ltd or its directors”, the urged.

The two further urge court to declare search conducted by officers from the DCI and the seizure of the PrideInn Hotel furniture from their go down and stores along Serena road in Mombasa was unconstitutional, unlawful, null and void.

It is their argument that the arraignment was abuse of office by DPP and their arrest and prosecution in the respect of compliant by BrookShill Crescent Investment ltd managing Director Imran Abdul Salaam which is a subject of a civil suit amounts to double jeopardy as well as abuse of court process.

They are also seeking declaration that the detention of Noorani between August 24 to 25 was violation of his constitutional rights.

PrideInn days it was a teenant of BrookShill Crescent Investment ltd on Raphta Road, Nairobi for five years and three months from November 2,2009 to February 2,2015 and parties signed a sub-lease for further five years and three months. The renewed sub-lease was to lapse on April 30 last year.

According to the hotel, during the time of the second sub-lease agreement Salaam(complainant) agreed to renovate the demised premises on the terms set out in the agreement dated January 10,2015 on an understanding that Salaam would vary the rent upwards.

“The new terms were registered through the Deed of Variation dated September 2,2015 but registered on July 19,2016. The Petitioners company on the other hand took care of the fixtures, fitting and furniture on its accord as the same were not provided for in the Deed of Variation “, they adds.

They adds that the complaint only paid for renovation of the demised premises which work was unfdrtaken by vishnu builders and developers limited and all the money remitted by the complainant was acvounted for as the same was paid to the contractor.

PrideInn purchased all thr furniture, fixtures and fitting for the leased premises to enable it carry on the business as hotel operator.

The hotel further adds thst upon the lapse of sub-lease, the complaint them to hold the hotel on its behalf for May and June, 2020 during which period there were several correspondences that affirmed fixtures, fitting and the furniture belonged to them.

BY SAM ALFAN.

Royal Media owner S.K Macharia has been dealt a blow by Director of Public Prosecution Noordin Haji who has opposed his bid to privately prosecute 14 directors of underwriter Directline Assurance.

In an application before a Nairobi court, Haji opposed the media mogul’s bid saying the alleged claim is civil in nature and Macharia ought to pursue his case in a civil court.

Haji further wants the court to dismiss Macharia’s case “in totality to safeguard the constitution, uphold the rule of law and preserve the public interest”.

While replying to Macharia’s application, the DPP through Senior Prosecution Celestine Oluoch told the court that after analyzing the evidence he established that the two enquiries 114 of 2019 and 258 of 2020 are civil in nature as they relate to ownership and directorship of Directline Assurance Company.

“There was no criminal culpability on the part of those recommended for Prosecution”, added the DPP.

The prosecutor added that in inquiry file 114 of 2019, relates to shareholding that arose after the death of the main shareholder John Gichia Macharia held by his company AKM Investment were subject to pending civil suits.

He said that in HCCC E277 of 2019 (DLAC vs Samuel Kamau Macharia & 3 others), is between the shareholders and directors of DLAC and their disputes relates to management and the control of DLAC.

“The defendants Dr. S. K Macharia and others are alleged to have attempted to unlawfully take control of DLAC. The issues are therefore exactly the same as in the first inquiry which dealt with allegations of” fraudulent transfer of shareholding” Prosecution told the court.

According to the DPP, the offences complained of are alleged to have been committed in the year 2012 but reported in the year 2018 after the death of Macharia’s son.

The DPP told the court that the issues in contention were directorship and shareholding of Directline Assurance Company (DLAC) which matters are not mandate of his of his office and delving into the will be misuse of office.

DPP further adds that regarding inquiry file No. 258 of 2020, is on the issue of stealing by directors which is tied on the issue of directorship and the evidence before him did not establish culpability and there was no evidence to support the allegations of stealing by the twelve directors.

He adds that evidence in the inquiry file disclosed that most of the transactions complained of were authorized by late John Gichia Macharia who was the majority shareholder and forensic audit report by Price Watercoopers (PWC) did not establish the allegations complained of.

“The forensic audit report by Ernst and Young (E&Y) submitted by the DCI did not establish stealing and the allegations complained of was not established by the evidence provided in the inquiry file to support recommended charges.

Macharia through lawyer Gibsom Kamau Kuria filed an application before Magistrate court accusing DPP Haji of failing to prosecute the 14 directors despite overwhelmined evidence against them collected by the Director of Criminal Investigations.

He filed the application alongside Royal Media Services, Royal Credit Limited and Directline Assurance.

Proposed accused persons are Janice Teresa Wanjiru Kiarie, Victor Blasco Wijenje, Janus Ltd, Harbor Capital Ltd, Kevin McCourt, Sure Invest Ltd, James Gacoka, Triad Networks Ltd, Gordon Radier Were, AKM Investments Ltd, Stenny Investments Ltd, John Maonga, and Enid Muriuki.